Information & Guidance -Making the Registrar a Party to Applications for Extensions of Time to Register Charges

Information & Guidance

"Should I make the Registrar a party to applications for extensions of time to register charges under Section 404?"

Section 404 Companies Act 1985

Making the Registrar a Party to Applications for Extensions of Time to Register Charges

(This article first appeared in the Register – Issue No 48 - 2001)

The Registrar of Companies is concerned that he is often made a party to applications for extensions of time under section 404 of the Companies Act 1985 when there is no need to involve him.

Section 404 allows the courts to extend the time for registration of a charge when particulars of it have not been delivered to the Registrar within the prescribed period. The Chief Registrar of the Companies Court in London has confirmed that the Registrar of Companies should not be made party to such applications. However, many claimants throughout the country still do so. This creates much unnecessary work for Court staff and us at Companies House.

The Companies Court recently circulated a letter from our Legal Adviser to court managers throughout England and Wales drawing attention to the Chief Registrar’s view. It would be a great help to us if anyone making an application for an extension of time noted that the Registrar of Companies does not need to be joined as a party to the application.

Section 404 also allows applications to rectify omissions or mis-statements on the Companies Register. The Registrar of Companies should still be a party to such applications.